Conditions on the Medical-Surgical Services Offered

What is established below solely and exclusively regulates the conditions that will govern the selection of medical-surgical services offered by OPERARME.COM through its website.

The offer will be considered accepted by the User at the time the User registers on our website and requests an appointment for the first consultation with the specialist.

At this time the User will not have to make any payment to OPERARME.COM. More information about the method and time of payment here.

1. CAPACITY TO CONTRACT.

In accordance with applicable legislation, to acquire the medical-surgical services that we offer on our website, you must have the legal capacity to contract that is established by law. In Spain that age is 18 years.

In the event that they wish to acquire medical-surgical services for minors, the Clients will be the legal representatives or guardians, who must give consent for the intervention to be carried out and who will always act for the benefit of the minor.

APPOINTMENT REQUEST
The User of the Web Operarme.com, may, if he so wishes, makes an appointment with one of our specialist doctors so that, in consultation with him, they can decide whether the User, already a Patient, needs the medical intervention selected on our website or not.

For this, the User may first select one of our offers with a closed price, and then select the time when they could attend the appointment with the selected specialist.

Once the time for the appointment with the doctor is selected, you must provide us with the following information:
- DNI / Passport Number or Residence Card Number.
- Name.
- Surname
- Contact phone.
- Email.
At this time, the User must accept this text, the Legal Notice, as well as our Privacy Policy.

Likewise, you can also accept the sending of commercial communications through any means, and that may be of interest to you (Newsletter, Newsletters, SMS, MMS, etc.)

Next, the User must confirm their data, being able to modify them at this time. And you should check that the appointment details are correct (doctor, appointment location, date and time).

Finally, the User will finish the registration process by receiving the User in his email a confirmation email in which his Voucher number will appear, and the data for the appointment.

This free consultation is for surgical evaluation, it is necessary to provide all recent medical reports and tests that confirm your diagnosis. If you go without confirmed diagnosis or for a second opinion consultation, the specialist may charge you the consultation at the price established by the centre or hospital.
PRIVATE AREA OF THE USER / PATIENT
Access to the User's / Patient's private area will be restricted.

To access it, you must enter an email and a password. So previously, you must have requested a prior appointment for one of our offers, according to the procedure established in the "Request appointment" section.

Access to this private area will not be allowed to anyone other than the Registered User.

Once inside, the User / Patient can access three sections:
1. VOUCHERS: In this section, the Voucher number will appear first. And if you click on it you will get the following information:
  - Voucher issue date.
  - Voucher Number.
  - Voucher Status.
  - Selected offer.
  - Hospital where the medical-surgical intervention will be performed.
  - The doctor who will perform the intervention.
  - The price.
  In addition, in this same section, you can access the General Conditions that will govern the contractual relationship, the informed consent that the Patient must sign before the intervention, and the full Voucher.
  
  This documentation must be taken by the Patient to the first consultation with their doctor, duly signed.
2. APPOINTMENTS: In this section, you can access the list of appointments of the Patient.
3. MY ACCOUNT: In this section the User / Patient will be able to access all their personal data and can modify them at any time. Specifically, the information that must be included for the correct provision of the service will be:
  - Sex.
  - DNI / Passport Number / Residence Card Number.
  - Name and Surname.
  - Year of birth (to check the age of majority).
  - Email.
  - Telephone.
  - Population.
  - Province.
  - Address.
  - Postal Code.
  The treatment of any personal data that is collected through this section, will be carried out in accordance with the provisions of our Privacy Policy.
  
  The User is obliged to provide truthful, accurate and complete information about his identity, as well as to keep said information updated so that there is no error that causes an erroneous sending of Vouchers or an erroneous communication of the User's data to the specialist doctor and to hospital.
  
  The User must make diligent use of the password they select and undertakes to keep it secret.
  
  Access to the private area has been designed for strictly personal and non-transferable use, access to it by any third party other than its owner as well as its transmission and / or assignment being strictly prohibited.
  
  OPERARME.COM reserves the right to cancel access to the private area to all those who do not comply with the provisions of this text, the Legal Notice and / or the provisions of the Privacy Policy.
PRIVATE PROFESSIONAL AREA
Access to the professional's private area will be restricted to the specialist doctor who will attend to the Patient.

This access will allow the professional to know the details of the voucher, the data of the offer selected by the patient, the patient's data, the reserved price, as well as access to the medical history or medical report that he will prepare himself according to the healthcare process for the one that has been selected.
PRIVATE AREA OF THE HOSPITAL
Access to the private area of the Hospital will be restricted to personnel authorized by the Hospital itself.

This access will allow the Hospital to know the details of the Voucher, the data of the offer selected by the patient, the data of the patient, the data of the specialist doctor who will treat the patient, the reserved price, as well as the report prepared by the doctor, being able where appropriate, write down what you consider appropriate for the proper provision of hospital services and access to the patient's medical history.

In addition, since the patient will be admitted to the Hospital they have selected, they will have a copy of the medical history in their computer systems, which they will store and manage independently of the one created by the specialist doctor.

2. THE OFFER MADE THROUGH THE WEB AND THE SELECTION OF THE SAME

OPERARME.COM offers Users through its website offers at a closed price with which to enjoy medical-surgical services provided by collaborating doctors, at a fixed and guaranteed price.

For this, when the User is interested in one of the services offered, they must complete the corresponding form once the offer that interests them is clicked.

Each offer will include the parameters, details and specific conditions necessary for the User to have all the information to acquire or not the medical-surgical service offered.

Specifically, the information provided will be related to the data on the treatment, such as: the requested ailment, the intervention and services included, the location or place where the intervention will be carried out, the closed price, the Hospital where the intervention will be carried out and the specialist doctor who can provide these services.

Once the User sends the completed form to request an Appointment, he will be considered as “PATIENT”, and:

You will receive in the email provided:

The free consultation voucher and guaranteed price reservation. This Voucher is completely free and gives the User the right to be treated at a first consultation by the selected specialist doctor, and guarantees the price reservation in the event that he finally decides to carry out the surgical intervention.
Informed consent, taking into account the risks of the operation that the User will require in principle. The patient will receive two copies with a watermark: One copy will be for the patient and the other for the doctor.
The General Conditions of the contract that will govern the provision of medical-surgical services selected by the Patient. The patient will receive two copies with a watermark: One copy will be for the patient and the other for the doctor.

The offer selected by the Patient will remain in force for a maximum period of sixty (60) days counting from the issue day of the Free Consultation Voucher and Guaranteed Price Reserve. After this period the Voucher and the price reservation that had been guaranteed, will be without effect.

On the other hand, the report of the specialist doctor who would have attended to the patient will be generated automatically in our system, in the area reserved for said User (private area), where all the information necessary to carry out the medical-surgical intervention will be included.

This report will be considered as CLINICAL HISTORY, and will only be accessed through a username and password, the specialist doctor who will attend to the User throughout the process, and the Hospital where the medical intervention will be carried out- selected by the Patient, the Hospital proceeding to keep a copy of the medical record in order to correctly provide the patient's healthcare services.

In the Medical Record, the following information will be stored:

Details of the specialist doctor with whom you will have the first consultation.
Date, time and place assigned for the consultation.
Guaranteed reserved price.
Patient health data recorded by the specialist doctor and that are necessary for the assessment and monitoring of the patient, and to determine the need or not to perform the operation.

In other words, the information stored in the MEDICAL RECORD will be necessary for the medical-surgical intervention to be carried out, and therefore, for the effective provision of the services selected by the Patient, both by the specialist doctor and by the hospital.

3. THE VOUCHER FOR THE FREE CONSULTATION AND RESERVATION OF GUARANTEED PRICE

This Voucher will be assigned a fixed number that will accompany the Patient throughout the process.

It will be the doctor in the first consultation who will check the validity of the Voucher through accessing the Patient's file, where he can check the specific code assigned to that Patient.

The same must be printed by the Patient for presentation on the day of the consultation with the specialist doctor. And it will be the necessary proof to confirm the reservation of the query made by the User through our website. Through it, the Patient will be guaranteed a certain price for the medical-surgical intervention, if he finally decides to carry it out.

The Voucher is personal, non-transferable and unique for the first consultation.

The Voucher can only be paid in front of the specialist doctor with whom the consultation has been arranged and on the same day set for the consultation. If the Voucher has not been used by the Patient within a maximum period of sixty days (60) from the date of its issue, it will lose its validity.

The reproduction, edition or manipulation of the Vouchers is totally forbidden and OPERARME.COM may, in case of having reasonable suspicions about the manipulation of the Vouchers, initiate the legal actions that it deems appropriate.

The following terms will be clearly specified in the Voucher:

Voucher Number.
Voucher issue date.
Identification data of the client / patient.
Identification of the process for which a price reservation has been obtained.
Term of validity of the same.
Date, time, address of the consultation and name of the specialist doctor.
Purpose of the consultation (diagnostic validation if there is one or intervention proposal).
The price of the process that is guaranteed and its reservation.

All the information related to the first consultation (date, place and time) will be generated automatically when the confirmation email is sent to the User, along with the Voucher, as long as there is availability from the specialist doctor. Otherwise, the doctor will assign the appointment manually and will contact you by phone to give you information about it.

4. OF THE FIRST CONSULTATION WITH THE SPECIALIST DOCTOR.

On the day established for the first consultation with the specialist physician, the Patient will attend the consultation at the established place and time. At this time you must deliver to the specialist doctor the free consultation voucher and guaranteed price reservation, previously printed, and your ID, so that he can verify the validity of the same, as well as the identity of the Patient.

Once the specialist doctor has attended the patient, several situations may occur:

That according to the results of the first consultation the Patient should not or cannot be operated on.
In this case, the Patient information will be deleted, leaving only a history of patients attended to in our system, keeping only Name and Surname and ID number.
That the voucher that the Patient presents to the doctor does not correspond to the process you need, requiring the intervention of another specialist.
In these cases, the Patient may refer to the most appropriate specialist according to the pathology observed by the doctor. If said pathology is within the portfolio of specialties offered by operarme.com, the Patient will be informed and with the prior and express consent, the Voucher will be exchanged through the private area. Otherwise, the voucher will be voided and invalid.
Which according to the results, the patient is the ideal candidate for medical-surgical intervention.
In these cases the specialist doctor will set the date for the intervention in the arranged Hospital. Informing the patient at the time of consultation about the need for prior tests (such as analytical, electrocardiogram and chest plate and pre-anesthesia consultation) informing them about whether or not they are included in the voucher previously selected by the patient.

At this time, the Patient must deliver to the attending physician, the signed copy of the Informed Consent, as well as the signed copy of the General Conditions of the Contract that were sent to him along with the Free consultation voucher and guaranteed price reservation.

After this, the specialist doctor will reserve a date and time to carry out the basic preoperative tests and to enter the arranged Hospital (usually one day and the next or the same day, morning and afternoon). All this information will be documented in the private area CLINICAL HISTORY that OPERARME.COM has available through the Web page through the private area. Reminding the Patient of the different forms of payment and the terms.

5. COMPLEMENTARY TESTS VOUCHER

At the discretion of the specialist doctor after making the first consultation, it is possible that the patient needs some additional test to assess the suitability of the process consulted or to make a good diagnosis.

After informing the Patient of this and if he expresses his consent after knowing the price of the test that is required of him as well as the other circumstances pertinent to it, the specialist doctor will issue the Complementary Tests Voucher from which he will deliver the Patient in that the same moment and will summon you for its subsequent evaluation and the corresponding decision.

This Voucher will contain the following information:

Voucher Number.
Voucher issue date.
Patient identification data.
Proof or proofs requested.
Specialist doctor who prescribes the test.
Term of validity of the same.
Place of testing.
Previous instructions.
Price.

In these cases and as an exception, the Patient must pay the price directly at the agreed Hospital where the test (s) will be performed.

6. THE INFORMED CONSENT AND THE GENERAL CONDITIONS OF THE CONTRACT.

Once the Patient has decided to continue with the surgical intervention and before the issue of the Payment Voucher, the Patient must have carefully read and signed the "Informed Consent" as well as the "General Conditions of the Contract". The Patient must deliver these documents to the doctor at the first consultation, after having decided to perform the intervention. The doctor will send these documents to OPERARME.COM for his file.

7. THE PAID VOUCHER AND THE PARTICULAR CONDITIONS OF THE CONTRACT.

Once the Patient agrees to carry out the intervention, sign the Informed Consent as well as the General Conditions of the Contract, the payment process will begin.

Once the price previously guaranteed by any of the established methods has been paid, OPERARME.COM will issue THE PAID VOUCHER as well as THE PARTICULAR CONDITIONS. This documentation will be sent to the Patient's email, as confirmation of the purchase and payment made.

The invoice will be issued and delivered to the Patient after the medical-surgical intervention. Although with the Paid Voucher, the payment made will be credited.

The Patient must print the Payment Voucher and the Particular Conditions and sign them in duplicate.

On the day the medical-surgical intervention is to be performed, he will present them at the Hospital together with his ID. Without this Paid Voucher and without the signed Particular Conditions, it will not be possible to start providing contracted services.

Hospital staff will verify that the code assigned to the Patient Voucher corresponds to the operating room and room reservation and will also verify that the agreed payment has been made. The Hospital will access to check this information to the specific area enabled for it on the Web page.

The Patient must present the Paid Voucher both on the preoperative day and on the day of admission.

8. PROVISION OF THE SERVICE.

OPERARME.COM guarantees the Patient that the specialist doctor assigned to the selected offer will make the Vocuher effective and will provide the contracted services provided that the Voucher is presented within its validity period.

In all the services offered through Operarme.com, the designated specialist doctor is a medical professional who complies with all legal and regulatory requirements to carry out his activity, certified and with the precise capacity to carry out the interventions or treatments offered and providing for this, the material and human resources necessary for the adequate provision of services. OPERARME.COM guarantees quality in the provision of services to patients.

The specialist doctor will provide the Patient with all the information they need in relation to the required medical-surgical interventions, their prognosis, advantages and disadvantages, treatment and risks, as well as their chances of success.

9. PRICES.

The prices of medical-surgical services will be indicated next to each offer, published on the website.

When a medical-surgical service is offered with a price reduction, the previous price will appear clearly in each of them together with the reduced price. And they will clearly differ from the products offered at normal prices, so that the User does not make a mistake at the time of selection.

The prices indicated on this website have all taxes included.

OPERARME.COM reserves the right to modify the prices of the medical-surgical services offered through its website at any time, however the services with guaranteed price reservation will be invoiced based on the rates in force at the time issue of the Guaranteed Price Reserve Voucher.

10. METHODS OF PAYMENT.

Payment of the contracted medical-surgical services may be made in the following ways:

Payment by credit / debit card: (Visa, Maestro or Mastercard, Servi Red): The payment made through this system will be transmitted to the IBERCAJA, which is in charge of supplying the respective payment service remote electronic, without any third party having access to it. Therefore, Users will be subject to the validation and authorization of their card by the bank issuer. If this is rejected, our system will inform you immediately when you are finalizing the purchase.
It is possible that in the verification process, information such as address or postal code will be disclosed for the purposes of security, prevention and fraud detection. Despite this, as long as your data is disclosed, it will remain safe, since OPERARME.COM uses standard SSL (Secure Socked Layer) security technology. Therefore, all the information that the User transmits through the Web, operarme.com, travels encrypted through the Network. The credit card data will be entered directly into the secure website of the aforementioned Bank, without any of these data being recorded on our servers.

All the information provided regarding credit or debit cards remain on a secure payment gateway through the SERVIRED / SERMEPA servers, so Operarme.com does not have access to this data at any time. These data are managed directly by the banks through the secure protocols of Verified by Visa and Mastercard SecureCode, guaranteeing the protection of the data before third parties.

The User must guarantee that he is fully authorized to use the credit card supplied through the web page operarme.com.

Fraud with a credit card is considered a crime in our legislation and OPERARME.COM, will bring legal action against anyone who makes a fraudulent transaction through its website.
Entry or transfer: The User can make a deposit or transfer directly the total amount corresponding to the selected medical-surgical service, in the Premium Health & Wellness SLU account (Operarme.com): Account number ES09 2085 8431 7103 3000 9047 Ibercaja.
The name and the number of the Voucher, essential to identify your payment, must be carefully noted on the corresponding form.

11. FORTUITOUS CASE AND FORCE MAJEURE.

Neither party will be responsible for the delay in the execution of their obligations or the non-execution of the same (except for non-payment or non-provision of the medical-surgical services requested through the Web and paid by the Patient) if this breach were motivated by fortuitous cases or reasons of force majeure, in accordance with the provisions of the Civil Code. This circumstance will be communicated to the other party as soon as possible.

12. CANCELLATIONS BY THE CLIENT.

The Client may cancel the selected medical-surgical service and withdraw from the contract without the need to declare any cause at any time prior to payment and during the 14 calendar days following the contracting and payment thereof, by sending a letter of withdrawal to [email protected], in which you must clearly identify both your identity and the medical-surgical services to be cancelled.

Once the price of the medical-surgical service has been paid and the PAID VOUCHER has been obtained, the Client may also withdraw from the contract, provided that no more than 14 calendar days have elapsed. Now, in this case, two situations may occur:

That OPERARME.COM had not begun to provide the services contracted by the Client.
In this case, the Client will be reimbursed in full the price paid.
That OPERARME.COM would have begun to provide the services contracted by the Client, and would have incurred management costs, processing or booking a room or expenses for the preoperative, analysis, plates, etc.
In this case, the Client will receive the amount that he would have paid minus the expenses incurred by OPERARME.COM, which will be justified.

13. MODEL OF WITHDRAWAL OR CANCELLATION.

“For the attention of Premium Health & Wellness S.L.U. with address at Avenida de Burgos, 109, 28050 - Madrid (Madrid). And with CIF number B54665195:

I hereby inform you that I withdraw from the contract signed with your company for the provision of the following medical-surgical intervention, paid on _______________.

Indicate the name of the consumer and user or the consumers and users.

Indicate address of the consumer and user or consumers and users

Signature of the consumer and user or of consumers and users (only if this form is submitted on paper)

Date".

14. COMMUNICATIONS.

The signatories of this contract, for the purposes of possible notifications in relation to it, set as the address of OPERARME.COM the one indicated in the Legal Notice, and as the address of the Client, the one provided by it in the User registration form to obtain the Guaranteed Price Reserve Voucher.

15. INVALIDITY.

If any clause in this text, the Legal Notice or our Privacy Policy is declared null or void in whole or in part by any Court, the remaining provisions will remain fully valid.

16. APPLICABLE LAW AND JURISDICTION.

The applicable law in case of dispute or conflict of interpretation of the terms that make up this text, the Legal Notice, as well as our Privacy Policy, or any issue related to the products, services and / or content hosted on this website will be Spanish law.

Adherence to Confianza Online

Our entity is adhered to Confianza Online (Non-profit Association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain) , telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es).

These general conditions are ruled by the Spanish Law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as a member entity and under the terms of the Código Ético, users may go to Confianza Online for the alternative resolution of eventual controversies (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If these refer to electronic transactions with consumers, or on data protection when they are related to this area, the claims will be resolved by the Online Trust Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims are about digital advertising, or about data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.

We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

17. EUROPEAN PLATFORM FOR E-COMMERCE CONFLICT RESOLUTION.

We inform consumers that since February 15, 2016, the online consumer dispute resolution platform (“ODR Platform, Online Dispute Resolution”) has been operating for all countries of the European Union, including Spain. In the case of Spain, the European Commission has designated the European Consumer Center attached to the Spanish Agency for Consumption, Food Safety and Nutrition, as the platform's contact point, to assist and support the filing of claims through the aforementioned platform.

From the entry into force of Directive 2013/11 / EU of the European Parliament and of the Council of May 21, 2013, on the alternative resolution of consumer disputes and Regulation 524/2013 of the European Parliament and the Tip, we are obliged to inform our buyers about the existence of the platform. Hence, we inform our Users that in the event of any conflict with the Operarme.com consumer, there is a new European procedure, simple, multilingual and accessible for their resolution. Which consists of the following:

The consumer must access this platform and complete the online claim form. Once completed, it will be sent from the same platform.
The claim will be sent to Operarme.com, who will propose to the consumer an alternative resolution entity for the conflict.
Once the consumer and the seller agree on the mediation entity that will resolve their conflict, the platform will send the claim to the chosen entity.
The mediation entity will deal with the case electronically and will propose a solution within a maximum period of 90 days.